Enrolled Landowner Sample Clauses

Enrolled Landowner. An enrolled landowner or its enrolled successor in interest must give ADCNR-WFF sixty (60) day written notice, by certified letter, of its intent to terminate a SHMA and give ADCNR-WFF and/or the Service an opportunity to relocate individuals of the covered species within thirty (30) days of such written notice. As provided for in Part 12 of the Service’s Safe Harbor Policy (64 FR 32717), an enrolled landowner may terminate a SHMA prior to the expiration date of the SHMA for circumstances beyond the landowner’s control. Provided that the baseline conditions have been maintained, the landowner, subject to the previously mentioned notice requirement and opportunity to relocate individuals of the covered species, may return the enrolled property to baseline conditions, even if the expected net conservation benefits have not been realized. If the landowner is unable to continue implementation of the management activities, plans and stipulations of the SHMA, whether due to catastrophic destruction of the species population numbers or habitat or due to unforeseen hardship, the landowner must relinquish its Certificate of Inclusion to the ADCNR-WFF. Species management on the landowner’s property would return to its status prior to the signing of the SHMA (i.e., original baseline). Such termination would not affect the landowner’s authorization under the Certificate of Inclusion to take any species individual or occupied habitat that is not part of the landowner’s baseline at the time of termination of the SHMA. The landowner may terminate its SHMA due to circumstances beyond its control after giving the required notice. The landowner also may terminate the SHMA at any time for any other reason, but termination for reasons other than for circumstances beyond the landowner’s control, shall extinguish the landowner’s authority to take species or occupied habitat under the Certificate of Inclusion. If a landowner has not returned its property to baseline conditions at the time of termination of its SHMA, and the number of RCW groups has increased, the additional groups will be protected by the take prohibitions of Section 9 of the ESA because the landowner’s take authorization (via the Certificate of Inclusion) will have become invalid upon termination of the SHMA. If the Cooperator terminates a SHMA for any other reason, the Certificate of Inclusion shall immediately cease to be in effect.
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